GENERAL TERMS AND CONDITIONS OF AEROX GmbH IN THE SENSE OF THE PACKAGE TRAVEL ACT

Scope and Definitions

1.1. Tour Operator and Entrepreneur

A tour operator is an entrepreneur who compiles and offers package travel pursuant to $\S 2$ para 2 PRG. They perform their services with the diligence of a prudent businessperson.

An entrepreneur is any natural or legal person who possesses the quality of an entrepreneur according to $\S 1$ KSchG (Consumer Protection Act). In the following, "Tour Operator" refers to Aerox GmbH. These provisions apply to all trips falling under the Package Travel Act (PRG).

1.2. Applicability of the GT

The General Terms and Conditions are deemed agreed upon if they were transmitted to the traveller before the contract was concluded or if the traveller was able to view their content. They supplement the package travel contract. If the traveller books for third parties, they confirm that they have been authorized by them to conclude the contract. The contracting party (the person placing the order) assumes the obligations under the contract, such as payments and cancellations.

1.3. Traveller

A traveller is any person who wishes to conclude a contract under the provisions of the Package Travel Act or is entitled to avail themselves of travel services under such a contract.

1.4. Catalogue and Homepage

The catalogue and homepage of the tour operator are mere advertising material. The trips and services presented therein do not constitute binding offers.

1.5. Package Travel Contract

A package travel contract is the contract concluded between the tour operator and the traveller concerning a package tour.

1.6. Travel Price

The travel price is the amount specified in the package travel contract that the traveller must pay.

1.7. Person with Reduced Mobility

A person with reduced mobility has a physical disability that limits the use of parts of the package tour and requires an adaptation of the services.

1.8. Unavoidable and Extraordinary Circumstances

These are incidents that are beyond the control of the party invoking them and whose consequences could not have been avoided even if all reasonable care had been taken (e.g., war, terrorism, natural disasters).

1.9. Exceptions

The Package Travel Act and these GT do not apply to package travel contracts concluded on the basis of a general agreement on business travel between two entrepreneurs.

Duties of the Tour Operator

2.1. Travel Suggestions

The tour operator prepares non-binding travel suggestions based on the traveller's information. Inaccurate or incomplete information may form the basis of the suggestions.

2.2. Travel Offer and Conclusion of Contract

In case of specific interest, the tour operator will create a binding travel offer pursuant to $\S 4$ PRG. Changes are only possible if they were reserved in the offer and the traveller is informed. A contract is concluded when the traveller accepts the offer in writing or in person.

2.3. Advice and Information

The tour operator advises the traveller based on their information. There is no obligation to provide information on generally known facts (e.g., climate), unless clarification is necessary for the performance of the trip.

2.4. Pre-Contractual Information

Before concluding the contract, the tour operator informs the traveller about:

• The standard information form for package travel

• Relevant information according to $\S 4$ para 1 PRG

• The suitability of the trip for persons with reduced mobility

• General passport and visa requirements

2.5. Airlines

The tour operator informs the traveller about the operating airline in accordance with Art 11 VO 2111/05. In the event of an airline change, information will be provided as soon as possible.

2.6. Special Requests

Special requests (e.g., sea view) are non-binding as long as they are not confirmed by the tour operator as a binding service commitment.

2.7. Booking via Travel Agent

If booking is made via a travel agent, the provisions of this section also apply.

Powers of the Travel Agent and Services Booked Locally

3.1. Powers of the Travel Agent

Travel agents are not authorized to make promises that deviate from the contractual agreements. Catalogues and internet advertisements that do not originate from the tour operator are not binding.

3.2. Services Booked Locally

Services booked locally with third parties are not binding for the tour operator, unless they have been explicitly confirmed by the operator.

Traveller's Obligation to Inform and Cooperate

4.1. Complete and Truthful Information

The traveller must communicate all relevant personal and factual information timely, completely, and truthfully, especially regarding mobility, state of health, and other limitations.

4.2. Medical Clearance

Travellers with reduced mobility or other limitations are recommended to clarify their fitness to travel with a doctor before booking.

4.3. Obligation to Notify in Case of Subsequent Limitation

If a limitation of mobility occurs after the contract is concluded, the traveller must notify the operator immediately. Failure to comply with this obligation may entitle the tour operator to withdraw from the contract and demand compensation.

4.4. Contracting Party

The traveller making a booking is considered the contracting party (the person placing the order) and assumes the contractual obligations.

4.5. Review of Contract Documents

The traveller is obliged to check all contract documents for correctness and to report inaccuracies to the tour operator immediately. The traveller bears any additional expenses due to incorrect information.

4.6. Accommodation Costs in Case of Repatriation

If repatriation is impossible, the tour operator bears the costs for necessary accommodation for a maximum of three nights, except for certain groups of people who have communicated their special needs.

4.7. Reporting of Non-Conformity

The traveller must report any non-conformity immediately and completely so that the tour operator can provide remedy. Failure to do so may impair warranty and compensation claims.

4.8. Obligation to Pay

The traveller is obliged to pay the travel price timely and in full. In case of default of payment, the tour operator may withdraw from the contract and demand compensation.

4.9. Crediting of Payments

The traveller must inform the tour operator of payments resulting from claims for damages or price reductions.

4.10. Duty to Mitigate Damages

The traveller is obliged to mitigate damages upon the occurrence of non-conformity.

Insurance

5.1. General

It is recommended not to bring any valuable items. The theft of valuables must be borne by the traveller as part of the general risk of life.

5.2. Recommendation

It is strongly recommended to take out travel insurance that provides adequate coverage.

Booking/Conclusion of Contract/Down Payment

6.1. Conclusion of the Contract

The package travel contract is concluded when the traveller accepts the tour operator's offer.

6.2. Down Payment

The down payment of 20% of the travel price is due within 8 days after the conclusion of the contract, but no earlier than 11 months before the end of the trip.

6.3. Short-Notice Bookings

If the contract is concluded within 20 days before departure, the entire travel price is due immediately.

6.4. Default of Payment

In case of non-timely payment, the tour operator may withdraw from the contract after issuing a reminder and demand compensation.

Persons with Reduced Mobility

7.1. Suitability of the Trip

The suitability of a package tour for persons with reduced mobility must be clarified on a case-by-case basis. The traveller must enquire whether the desired trip is suitable for them.

7.2. Refusal of Booking

The tour operator may refuse the booking if the traveller cannot be transported or accommodated safely for security reasons.

7.3. Refusal of Carriage

The tour operator may refuse carriage if the traveller has not provided the necessary information.

7.4. Refusal of Participation

Participation in the trip may be refused if the traveller poses a danger to themselves or others.

Package Travel Contract

8.1. Contract Documents

The traveller receives a copy or confirmation of the package travel contract on a durable medium.

8.2. Travel Documents

Booking confirmations and other documents will be provided to the traveller in good time before the start of the trip.

Substitute Person

9.1. Transfer of the Contract

The traveller has the right to transfer the contract to another suitable person. A transfer fee of at least € 25,- will be charged. The original traveller and the substitute person are jointly and severally liable.

9.2. Additional Costs

Many airlines treat name changes as cancellations. Any additional costs incurred will be charged to the traveller.

Price Changes Before the Start of the Trip

10.1. Price Increases

The tour operator may change the price up to 20 days before the start of the trip if this right has been reserved in the contract. The traveller is informed clearly and understandably.

10.2. Permissible Reasons for Price Changes

Price changes are permissible due to changes in the cost of passenger transport (fuel), taxes and duties, and exchange rates.

10.3. Increase by More Than 8%

In the event of a price increase of more than 8%, the traveller may consent, accept a substitute trip, or withdraw from the contract without compensation.

Changes to the Service Before the Start of the Trip

11.1. Insignificant Changes

Insignificant changes to the service are permissible if the right to do so has been reserved in the contract.

11.2. Definition of Insignificant Changes

Insignificant changes are minor changes that do not substantially alter the character, duration, content, or quality of the trip.

11.3. Significant Changes

Significant changes may constitute a substantial reduction in the quality or value of travel services.

11.4. Traveller's Rights in Case of Significant Changes

In the event of significant changes or a price increase of over 8%, the traveller may consent, accept a substitute trip, or withdraw without compensation.

Itinerary/Changes

12.1. Deviations from the Route

Due to unforeseen circumstances (e.g., weather, natural disasters), the advertised route may be deviated from. The tour operator endeavors to offer equivalent alternatives.

Warranty

13.1. Remedying Non-Conformity

In case of non-conformity, the tour operator will remedy the defect, provided the traveller fulfills their obligations to cooperate. The traveller must set a reasonable deadline for remedy.

13.2. Consequences of Non-Cooperation

If the traveller fails to comply with their obligations, they bear the adverse consequences.

13.3. Self-Help by the Traveller

If the tour operator fails to remedy the defect within the deadline, the traveller may take remedial action themselves and demand reimbursement of costs.

13.4. Substitute Services

If a significant part of the services cannot be provided, the tour operator offers appropriate substitute services. If the substitute service is of lower quality, a price reduction will be granted.

13.5. Withdrawal in Case of Significant Non-Conformity

In the event of significant defects that are not remedied, the traveller may withdraw from the contract and assert claims, if applicable.

13.6. Additional Costs for Substitute Services

If services cannot be provided due to extraordinary circumstances, the traveller bears 10% of the additional costs for substitute services.

Traveller's Withdrawal Without Compensation Fee

14.1. Reasons for Withdrawal Before the Start of the Trip

The traveller may withdraw without compensation if unavoidable and extraordinary circumstances occur at the destination that significantly impair the trip, or in the cases of section 11.4.

14.2. Reasons for Withdrawal After the Start of the Trip

After the start of the trip, the traveller may withdraw in the cases of section 13.5.

Traveller's Withdrawal Upon Payment of a Compensation Fee

15.1. Right to Withdraw

The traveller may withdraw from the contract at any time against a cancellation fee. The withdrawal must be declared in writing.

15.2. Calculation of Compensation

The amount of the cancellation fee depends on the time of withdrawal.

15.3. Compensation Fees

The fees are staggered as a percentage, e.g., 25% up to 30 days before departure. In case of no-show, 100% is due.

15.4. Additional Services

Costs for additional services such as insurance are non-refundable.

15.5. Third-Party Organisers

For trips by third-party organisers, their cancellation conditions apply.

No-show

16.1. Definition and Consequences

A no-show occurs when the traveller fails to show up for departure. In this case, 100% of the travel price is to be paid.

Tour Operator's Withdrawal Before the Start of the Trip

17.1. Extraordinary Circumstances

The tour operator may withdraw if prevented from performing the contract due to unavoidable and extraordinary circumstances.

17.2. Failure to Reach the Minimum Number of Participants

The tour operator may withdraw if the minimum number of participants is not reached. The deadline for withdrawal depends on the duration of the trip.

17.3. Consequences of Withdrawal

If the tour operator withdraws for these reasons, they will refund the travel price but will not pay any additional compensation.

Tour Operator's Withdrawal After the Start of the Package Tour

18.1. Grossly Improper Conduct

The tour operator is released from the performance of the contract if the traveller disrupts the performance of the trip through grossly improper conduct.

General Risk of Life of the Traveller

19.1. Traveller's Responsibility

The realization of the traveller's general risk of life (e.g., stress, nausea) falls under their own responsibility and is not attributable to the tour operator.

19.2. Services Not Used

If the traveller does not use services for reasons of general risk of life, they are not entitled to a refund.

Liability

20.1. Obligation to Pay Damages

The tour operator is liable for culpable breaches of duty that lead to damages.

20.2. Exclusion of Liability

The tour operator is not liable for damages arising from the general risk of life, the sole fault of the traveller, the fault of third parties, or unavoidable circumstances.

20.3. Special Risks

For trips involving special risks, the tour operator is not liable for the consequences if they occur outside their scope of duties.

20.4. Compliance with Instructions

The traveller must follow instructions. In case of non-compliance, the tour operator is not liable for resulting damages.

20.6. Liability for Third Parties

The tour operator is not liable for services that were not promised by the operator or that were booked by the traveller directly with third parties on site.

20.7. Valuables

It is recommended not to bring items of particular value.

20.8. Limitations of Liability

Limitations of liability for damages resulting from international agreements also apply to the tour operator.

Claim Enforcement

21.1. Facilitating the Enforcement of Claims

It is recommended to obtain written confirmations for defects.

21.2. Limitation Periods

Warranty claims are subject to a 2-year limitation period, and claims for damages are subject to a 3-year limitation period.

21.3. Recommendation

Claims should be asserted immediately upon return to avoid difficulties with evidence.

Delivery – Electronic Correspondence

22.1. Delivery Address

The last known address is considered the delivery address. Changes must be communicated immediately.

Provision of Information to Third Parties

23.1. No Information to Third Parties

Information about travel participants will not be given to third parties, even in urgent cases, unless the traveller has expressly consented thereto.

✈️ ENGLISH: General Terms and Conditions of Business (GT) of AEROX GmbH regarding Charter Contracts

(The following section was already provided in English and is included here for completeness.)

GENERAL

Applicability: These GT and all relevant legal regulations apply to all flights for which a Charter Contract was concluded between Aerox GmbH ("Broker") and a Charterer. The Charterer's general terms of business do not apply. Verbal agreements are not valid unless confirmed in writing.

Broker's Obligation: The Broker is obliged to provide the requested flight with a properly equipped and crewed aircraft. Any services beyond this must be agreed upon separately in writing. The Broker will only use the services of a Carrier (an aircraft operator with a valid AOC).

In-flight Regulations: Smoking may be prohibited on certain flights. The Carrier will serve drinks and food according to its standards. Animals may not be transported without the Carrier's express written permission. The Broker is entitled to replace the aircraft with another suitable one at any time.

Carrier's Discretion: The Carrier and the aircraft Captain have full discretion regarding the load, safety of the flight, landing locations, and all other operational matters. They have the right to refuse to carry any Passengers or luggage for safety reasons or if their behavior violates regulations. The Charterer is not entitled to terminate the contract in such cases, and any additional costs are to be borne by the Charterer. The Broker is not liable for any losses arising from such decisions.

SCHEDULE AND NONPERFORMANCE DELAY VARIATIONS AND DIVERSIONS

Schedule: The times specified in the schedule are subject to change and are approximate estimations. The Carrier is entitled to deviate from the schedule if necessary.

Cancellation/Delay by Carrier: The Carrier may cancel or delay a flight without liability for compensation if the flight cannot be performed due to causes beyond its control, such as strikes, war, or Force Majeure events. In such cases, the Broker's obligation is limited to refunding the agreed charter price for the cancelled flight.

Force Majeure: Force Majeure refers to unforeseeable and unavoidable events outside the control of the Broker and Carrier (e.g., wars, natural disasters).

Broker's Responsibility for Delays: In case of a delay for which the Broker is responsible, the Broker is entitled to arrange alternative transport or accommodation for the Passengers. The Broker is only liable for additional costs if it has acted with willful intent or gross negligence.

Charterer's Delay: If the flight is prevented or delayed by the Charterer or the Passengers (e.g., late arrival of luggage), the Charterer is liable for any additional costs. The Broker is entitled to cancel the flight in such cases without being obliged to provide a later flight. The Charterer must reimburse the Broker for all additional costs incurred.

Inability to Complete a Flight: If a flight cannot be completed for reasons beyond the control of either party, the Broker is only obligated to refund the portion of the price corresponding to the uncompleted part of the flight.

CHARTER PRICE AND PAYMENT CONDITIONS

Charter Price: The Charter Price is the amount payable to the Broker and includes expenses for operation, crew, insurance, and standard airport fees.

Exclusions: The Charter Price does not include costs for transport to/from airports, customs inspections, or additional expenses resulting from changes requested by the Charterer.

Price Adjustments: The Broker is entitled to increase the Charter Price to account for changes in operating costs (e.g., fuel, taxes, exchange rates).

Payment: The Charter Price is payable according to the invoice. All payments must be transferred to the respective account without any deductions.

OBLIGATIONS, LIABILITIES AND INSURANCES

Charterer's Obligations: The Charterer is liable for executing the Charter Contract and for any damage caused by its representatives or Passengers. The Charterer must inform the Broker of any significant incidents and provide all necessary information for the flight in a timely manner. The Charterer is responsible for ensuring that all Passengers have the necessary travel documents.

Broker's Liability: The Broker is liable only under the conditions set forth herein. The Broker is not liable for any damage caused by the performance or non-performance of any Carrier. Under no circumstances is the Broker liable for consequential damage, indirect claims, or penalties. The liability is also excluded in cases of Force Majeure, damage caused by third parties, technical defects, or delays caused by the Passengers.

Luggage: The Broker is not liable for the loss of or damage to fragile, perishable, or valuable goods (e.g., jewelry, documents) in a Passenger's luggage. The Charterer is liable for any damage caused by items in their luggage.

TERMINATION AND CANCELLATION

Broker's Right to Terminate: The Broker has the right to terminate the contract with immediate effect for compelling reasons, such as the late arrival of Passengers, the Charterer's failure to pay, or the commencement of insolvency proceedings.

Cancellation by Charterer: The Charterer may cancel the flight at any time, but cancellation fees as stipulated in the contract will become payable immediately.

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